Publication date: 08.07.2024
Protection of advocates' rights in the performance of their duties
Introduction
Advocates play an important role in the justice system, ensuring the protection of the rights and interests of citizens, legal entities and the state. In the course of performing their duties, advocates often face various challenges and threats that may impede their professional activities. Ukraine has a system of legal protection for advocates, which includes legislative and regulatory acts that guarantee their rights and provide mechanisms of protection. In this article, we will consider the main aspects of protection of advocates' rights in the performance of their duties, the legal framework, mechanisms of protection and practical recommendations.
Legal framework
The protection of the rights of advocates in Ukraine is regulated by the following main legal acts:
- TheConstitution of Ukraine - guarantees the right to defence of every citizen and ensures the independence of the Practice of Law.
- TheLaw of Ukraine "On the Bar and Practice of Law " - defines the legal basis of the practice of law, the rights and obligations of lawyers, as well as guarantees of their professional activity.
- TheCriminal Code of Ukraine provides for liability for crimes against lawyers, including threats, violence and obstruction of their activities.
- Code of Ukraine on Administrative Offences ( CUAO) - regulates administrative liability for violations of the rights of lawyers.
- TheRules of Professional Conduct - set out ethical standards for the activities of lawyers and mechanisms for the protection of their rights.
- Other legal acts - regulate certain aspects of the protection of advocates' rights.
Rights of advocates in the performance of their duties
1. The right to independence
The advocates have the right to independence in their professional activities, which means the absence of external pressure or interference in the performance of their duties.
2. The right to confidentiality
The advocates shall have the right to confidentiality in their interactions with clients. The information obtained during the provision of legal aid shall be considered to be the advocate's secrecy and shall not be disclosed without the client's consent.
3. The right to security
The advocates shall have the right to personal security while performing their official duties. The state is obliged to ensure the protection of advocates from threats, violence and other unlawful acts.
4. The right to protection from persecution
The advocates shall have the right to protection from any form of persecution or discrimination that may be related to their professional activities.
5. The right to access to information
The advocates shall have the right to access the necessary information and documents required for the provision of legal aid to clients.
Mechanisms for the protection of the advocates' rights
1. Filing a complaint with the bar self-government bodies
The advocates have the right to file a complaint to the bar self-government bodies (Qualification and Disciplinary Commissions of the Bar) in case of violation of their rights. The bar self-government bodies shall consider the complaint, conduct an investigation and take measures to protect the advocate's rights.
2. Appeal to the law enforcement authorities
In the event of the commission of crimes against the advocate, such as threats, violence or obstruction of professional activity, advocates may apply to law enforcement authorities with a request to bring the perpetrators to criminal liability.
3. Judicial protection
The advocates have the right to apply to the court for the protection of their rights and interests, including compensation for material damage or compensation for non-pecuniary damage.
4. International mechanisms of protection
In case of violation of the advocate's rights at the national level, they can apply to international organisations, such as the European Court of Human Rights, to protect their rights.
Practical recommendations for advocates
1. Adherence to professional ethics
Advocates should adhere to high standards of professional ethics, which will help to avoid conflicts and protect their rights.
2. Documentation of violations
Advocates should record all cases of violations of their rights, including the collection of evidence, testimony and documents. This will help in further defence of their rights.
3. Applying for legal aid
In case of violation of the rights, advocates may seek assistance from colleagues or specialised legal organisations that protect the rights of advocates.
4. Active participation in the bar self-government
Active participation in the bar self-government bodies helps advocates to protect their rights and interests, as well as to influence the development and improvement of the legal acts regulating the practice of law.
Examples of court practice
1. Protection from threats and violence
In one case, the court upheld a lawyer's claim for protection against threats made by a client during the provision of legal aid. The court ordered the perpetrator to stop the threats and pay the lawyer compensation for non-pecuniary damage.
2. Protection against obstruction of professional activity
In another case, the court declared unlawful the actions of law enforcement agencies that prevented the advocate from performing his professional duties. The court ordered the law enforcement agencies to compensate the advocate for material losses and pay compensation for non-pecuniary damage.
Conclusion.
The protection of the rights of advocates in the performance of their duties is an important component of the justice system in Ukraine. The use of legal instruments, such as lodging complaints with the bar self-government bodies, applying to law enforcement agencies and judicial protection, helps to ensure that the rights of advocates are respected and facilitates the effective performance of their professional duties. The advocates should know their rights and actively defend them in case of violation, which will ensure an appropriate level of legal protection for both them and their clients.
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